Revolutionary War Pension and Bounty Land Warrant Application File S. 17,412, Samuel Fitts, Mass.

SERVICE
NUMBER
Mass
Fitts Samuel
S 17412
Carded
CONTENTS
/

Cum D 1/2
Claim - 28.913
Samuel Fitts - Ameliated in the State of Maine - who was a Pvt. - in the - commanded by Captain [blank] of the Bt. commanded by Lt. Smith in the Maine time for 9 mo 12 days
Inscribed on the Roll of Maine at the rate of $1 - Dollars 33 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 th day of July 31 and such other Musse - Portland - Me.
Arrears to the 14th of March 93.99 Semi-ant. allowance ending Feb. 15.07 $109.06
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Chas. D. Dill Clerk Book E Vol. 1 Page 16.

Samuel Fitts
22397

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the third day of November A. D. eighteen hundred and thirty-two before the Honorable ASHUR WARE, Judge of said Court.
ON this third day of November aforesaid, personally appeared in open Court before said District Judge Samuel Pitts a resident of the city of Portland in the county of Cumberland in said Maine District, aged seventy one years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th, 1832. That he entered the service of the United States under the following
officers, and served as herein stated — that is to say — that on the first of April (according to his best recollection) in the year 1777 1778 he enlisted in the company commanded by Captain Isaac Preble, in a regiment raised by the State of Massachusetts, & commanded by Colonel Jacob Gerrish, and that he served as a private soldier in said company more than three months, and as he believes three months and a half, and that as soon as said service in said company expired — he immediately enlisted again in the company commanded by Captain Richard Rogers, in the same regiment, and that he served in the said last mentioned company until the end of the said year 1778. —
The said Pitts further declares that sometime about the first day of June in the year 1779 he enlisted and served at least three months, how much longer he cannot declare; he served as a private soldier in the expedition to Penobscott in said State of Maine and in the company and under the command of Capt. Thomas Catts of Kittery in said State under the command of Major Daniel Littlefield, and that the first Lieutenant in the company last above mentioned was Daniel Field and that he was said Pitts was in all the engagements fought during the Penobscott expedition of 1779 and that said Major Littlefield was crossing the Penobscott river in one boat while he was in another at the same time and said Major Littlefield was killed by a shot from the enemy which struck the boat & caused her to sink, and caused the death of said Major Littlefield Littlefield either by the shot itself, or by drowning he could not ascertain which.
The said Pitts further declares that he also served as a private soldier more than two months, but according to his best remembrances he believes it was not quite three months, upon Sullivan's island in the narrows in Piscataqua river at the fort called Fort Sullivan in the latter part of the summer and in the autumn of the year 1777, of which he has no living testimony — and that he has no documentary evidence, nor does he know where to procure any of any of the foregoing services.
The said Pitts declares that he was born in Scarborough in said county of Cumberland as he has always understood & believed in the year 1761 that he first enlisted as aforesaid in Kittery in the county of York in said State — and that he has resided in said Portland for forty years last past and that he knows of no record to which he can refer for the evidence of his birth.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Sam L. Pitts
Sworn to and subscribed, the day and year aforesaid. Before
Ashur Ware
U. S. Judge for the District of Maine.

And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states
I, John Nufsey Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Sitts for a pension. and that J. D. Hopkins Esquire who took the annexed depositions and whose genuine signatures are to the same is a Justice of the Peace duly qualified & that his official attestations are entitled to full faith and credit
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this twentieth day of December A. D. one thousand eight hundred and thirty- two
John Nufsey } Clerk of the U. States District Court for Maine District.

Deposition of Eunice Fitts

I Eunice Fitts of Scarborough in the county of Cumberland being sixty nine years of age do testify and say that in the year 1779 I lived at my Uncle Angell Millikins who kept a tavern Capt Thomas Butts came to the tavern with his company of Militia from Kittery on his way to Falmouth where he was to take a water conveyance to Bridgewater. Samuel Fitts who now lives in Portland came to the tavern where I lived. I was acquainted with him when he was a child he afterwards went with his father to Machias and afterwards he removed to Kittery. on the day when Capt Butts and his company were at my Uncle's, I had some conversation with him as an old acquaintance and Fitts marched with Capt Butts company to Portland in the following September - about that time Samuel Fitts returned to my Uncle's Tavern where I still lived with several others. I saw Capt Butts there on the same day - on their return from Bridgewater - and Fitts stopped in Scarborough and lived with his Uncle Obed. Fitts to learn the trade of blacksmith. he remained with said Obed Fitts about six months & then left him - my father was in the company of Capt Benjamin Sawyer from Scarborough and went on the same expedition and I have often heard Mr Samuel Fitts and my father talk together of facts that occurred in relation to this expedition at which they were present and my father often enquired of Samuel Fitts about the affairs in the company of Capt Butts when they had been talking over their trials & troubles while in the service. I am a Cousin to said Samuel Fitts - and I have heard Mr Samuel Fitts and my father often talk of said Fitts being in the service at Cambridge. my father was not there, but wanted to know about what took place, by one or more of them and said Fitts did relate many pressing circumstances. that he said, among them
Eunice Fitts
Cumberland Nov 12th 1833. The aforesaid deponent was examined, cautioned & sworn to give true answers to the deposition aforesaid by her subscribed - I also certify that the deponent is of respectable character and entitled to full credit.
See the Hovey picture of the Prison

Maine District
District Clerk's Office May 22 d 1834
In testimony that Seth Storer Esquire is a Magistrate as within that the sig- nature thereto purporting to be his is genuine I have hereunto set my hand & seal of office the day & year last above written
John Melsey Clerk U. S. Court

22397
Samuel Fitts Cumberland Co. Maine
1406
Application should be made to the Secy of the State of Me. for evidence of the claim - ants name
9 th 12 days print $31.33 →
John Wipsey Portland Maine

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Fitts Cumberland Co. Maine
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     April 1778 3 15- pr. Capt Prob Col. Gen.rish - Me. 71 Kittery Maine Living Witness   " 5 " Capt Rogers - "   June 1779 3 " Capt Catts Major Littlefield   1777 2 " — —   13 15-   3 7   4 5   2   9 12  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
R. Newman blk

17412 INVALID.
File No. 17412
Daniel Fitts
Dis. Rev. War
Act: Same 7" 32
Index:—Vol. 1 , Page 126
[Arrangement of 1870.]

I Lemuel Milliken of Scarborough in the county of Cumberland and State of Maine aged eighty four depose & say that I have known Samuel Fitz of the city of Portland in the county aforesaid ever since he was a boy & that I will remember him as a soldier of the American revolution - and that I served with him in the expedition to Penobscott in the State of Maine in the year of our Lord one thousand seven hundred & seventy nine I served in a company commanded by Capt. Benjamin Larnbee and I was second lieutenant in said company - said Fitz served in another company according to my best recollection more than three months as a private soldier. I do not certainly recollect who his captain was but I think it was Captain Citty whose first name I do not remember but a Mr. Littlefield was a major of the Battalion to which Capt. Citty's company belonged & he commanded until he was killed and a Mr. Sawyer whose christian name I have forgotten succeeded said Littlefield as major of said Battalion. Further testify that I believe and have no doubt that said Fitz was in all the engagements fought at Penobscott during our expedition of 1779. Lemuel Milliken

State of Maine.
Cumberland ss. On the third day of October in the year of our Lord one thousand eight hundred & thirty two Samuel Milliken the within named deponent personally appeared and made oath that the within deposition by him subscribed is true before me. J. D. Hopkins Justice of the peace within for the county of Cumberland.
I Horatio Southgate of Portland in the State of Maine esquire aged fifty six years depose and say that I am well acquainted with Samuel Milliken of Scarborough in the county of Cumberland State aforesaid, the within deponent and that he is for a man of fair character whom and that his declarations under oath are, and are considered to be entitled to full credit & belief. And further saith not. Horatio Southgate
State of Maine.
Cumberland ss. Dec 19 1832 Then Horatio Southgate personally appeared & made oath that the foregoing deposition by him subscribed is true before me J. D. Hopkins Justice of the peace for the county of Cumberland
And I the said Justice do hereby certify that Jonathan Gage esquire and Horatio Southgate esquire are both personally known to me and that they and each of them are of unimpeached character and their declarations under oath entitled to full faith & credit. In testimony whereof I the said magistrate who took the depositions of said Gage and said Southgate which are hereto annexed have hereunto subscribed my name J. D. Hopkins Just. Peace for Cumberland

Massachusetts Jonathan Gage of Kennebec-port in the county of Essex and State of Maine Esquire aged twenty three years deposes and say that I was a lieutenant in the company of Captain Richard Rogers in the regiment commanded by Colonel Jacob Gerrish before April in the year one thousand seven hundred and seventy eight which regiment was raised organized & commissioned under the government of Massachusetts and that I well remember Samuel Fitch was residing in the city of Portland in said State of Maine - that said Fitch enlisted in the company commanded by Captain Francis Noble in the same regiment and served therein as a private soldier about three and a half months - that said Fitch enlisted according to my best knowledge & belief on the first day of April in the year aforesaid and that immediately after he left said company last mentioned in which he served as aforesaid he enlisted as a private soldier in the company aforesaid commanded by said Richard Rogers and served therein until the end of the year aforesaid and further saith not.
Jonathan Gage
State of Maine
Cumberland On the twenty sixth  thirtieth day of September in the year of our Lord one thousand eight hundred thirty  thirty two the aforesaid deponent made oath that the foregoing deposition by him subscribed is true
before me J. D. Hopkins, Just. of the peace within for the County of Cumberland aforesaid.
State

Commonwealth of Massachusetts.
Secretary's Office, April 16 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Samuel Fitts, as a private, is borne on a Pay Abstract of Capt. Esaias Preble's Company, in Col. Jacob Gerrish's Regt. where he is allowed from March 31 st 1778, three Months and seven days. ————— m do 3-7
Samuel Fitts's name is borne on a Roll of Capt. Richard Rogers' Company, in Col. Gerrish's Regt. where he is allowed from August 14 th to December 14 th 1778, for services and travel, four Months and five days. — 4-5
Sam l Fitts' name is borne on a Pay Roll of Capt. Thomas Cutts' Company, under the Command of Major Daniel Littlefield, where he is allowed, from July 10 th 1779, two Months 2= 9-12
Sam l Fitts claims for further services under Capts Rogers and Cutts, also for services at Fort Sullivan. The rolls he describes are not found in this Office, except those mentioned above. Edward D. Bangs Secy

Sam Fitts